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Constitutional Law

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Articles 571 - 598 of 598

Full-Text Articles in Legal Profession

Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin Jan 1958

Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin

Michigan Law Review

Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …


Book Reviews, Ralph C. Barnhart, Leonard F. Manning, Coleman Karesh, Wilfred J. Ritz, Edward J. Freeman, Thomas Broden Jr., E. C. Bolmeier, A. Kenneth Pye, Philip K. Yonge, Joseph T. Tinnelly C.M., Thomas I. Emerson Sep 1956

Book Reviews, Ralph C. Barnhart, Leonard F. Manning, Coleman Karesh, Wilfred J. Ritz, Edward J. Freeman, Thomas Broden Jr., E. C. Bolmeier, A. Kenneth Pye, Philip K. Yonge, Joseph T. Tinnelly C.M., Thomas I. Emerson

Journal of Legal Education

No abstract provided.


Report On Lawyers And The Fifth Amendment, George W. Martin Nov 1955

Report On Lawyers And The Fifth Amendment, George W. Martin

Washington Law Review

Lawyers are familiar with the history and development of the privilege and are keenly aware of the struggle we have had to preserve that right. As a part of our heritage it was placed in the Constitution in the Bill of Rights and was also incorporated in our various state constitutions. No one will deny that this privilege is one of the great landmarks in the struggle for justice, no one in his right mind would advocate that this right be taken away. Questions concerning the exercise and abuse of this privilege by a few lawyers have been aroused in …


Beaney: The Right To Counsel In American Courts, William M. Kunstler Apr 1955

Beaney: The Right To Counsel In American Courts, William M. Kunstler

Michigan Law Review

A Review of The Right to Counsel in American Courts. By William M. Beaney


Jacobs: Law Writers And The Courts, Richard. A. Edwards Nov 1954

Jacobs: Law Writers And The Courts, Richard. A. Edwards

Michigan Law Review

A Review of Law Writers and the Courts. By Clyde E. Jacobs


Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr. Apr 1947

Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr.

Indiana Law Journal

No abstract provided.


The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney Oct 1944

The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney

Indiana Law Journal

No abstract provided.


Constitutionality Of The Incorporated Bar Act, Henry O. Whitlow Jan 1937

Constitutionality Of The Incorporated Bar Act, Henry O. Whitlow

Kentucky Law Journal

No abstract provided.


Constitutional Law - Reinstatement Of Attorney - Constitutionality Of Pardon Statute - Legislative Encroachment On Judicial Power May 1935

Constitutional Law - Reinstatement Of Attorney - Constitutionality Of Pardon Statute - Legislative Encroachment On Judicial Power

Michigan Law Review

In proceedings based on the record of his conviction for attempted extortion, the petitioner was disbarred. Having received a full pardon from the governor, he sought reinstatement, relying on a statute which purported to make reinstatement mandatory on the court upon proof of the pardon. Held, the statute is unconstitutional in so far as it directs the court to reinstate a disbarred attorney without a showing of moral rehabilitation. It is an encroachment by the legislature upon the inherent power of the court to admit attorneys to practice and in effect vacates a judicial order by legislative mandate. In …


Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary Feb 1934

Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary

Indiana Law Journal

No abstract provided.


Constitutional Law-Extending Term Of Prosecuting Attorney Apr 1932

Constitutional Law-Extending Term Of Prosecuting Attorney

Indiana Law Journal

No abstract provided.


Tenure Of Office Under The Constitution, Everett S. Brown Jan 1931

Tenure Of Office Under The Constitution, Everett S. Brown

Michigan Law Review

A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.


Book Reviews Jan 1928

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson Apr 1926

Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson

Indiana Law Journal

No abstract provided.


Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson Apr 1922

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …


Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip Apr 1912

Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip

Michigan Law Review

Provability in Bankruptcy of Claims Arising out of Alimony Decrees or Separation Agreements Between Husband and Wife; The Scope and Function of the Federal Employer's Liability Act; Control by the Judiciary Over the Chief Executive of a State; What Constitutes an Appearance in an Action for Divorce; The Question of the Validity of a Stipulation for Attorney's Fees Under the Negotiable Instruments Law


Recent Important Decisions, Michigan Law Review Jun 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …


Recent Important Decisions, Michigan Law Review Nov 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …


Recent Important Decisions, Michigan Law Review Jun 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …


Recent Important Decisions, Michigan Law Review May 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Lien--Settlement Pending Judgment; Bankruptcy--discharge--Liability Absolutely Owing; Bankruptcy--Partnership--Individual Estate of a Partner; Banks and Banking--Checks on Trust Funds--Deposit to Personal Account of Trustee--Liability of Bank; Banks and Banking--Deposit Slip Headed by Mistake in Another's Name--Bankbook Does not Control; Constitutional Law--freedom To Contract--Master and Servant--Regulating Hours of Service; Constitutional Law--Interstate Commerce--solicitation of Orders for Sale of Intoxicating Liquors; Criminal Law--Offenses by Drivers of Automobiles; Damages--Extent of Liability on Replevin Bond; Damages--What may be Considered in Mitigation in Action for Libel; Deeds--Delivery--Grantee's Name Blank; Equity--Injunction to Restrain Cutting of Timber--Policy of State; Federal Procedure--Removal of Causes--Fraudulent Joinder; Gaming--"Bookmaking"--Oral Bets; Garnishment--Set-off of …


Recent Important Decisions, Michigal Law Review Feb 1910

Recent Important Decisions, Michigal Law Review

Michigan Law Review

Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …


Recent Important Decisions, Michigan Law Review Nov 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Trustee's Right to Enforce Stockholder's Statutory Liability; Bills and Notes--Failure of Consideration--When Maker is Estopped From Pleading It; Bills and Notes--Instrument Payable After Death--Whether Valid Obligation or of a Testamentary Character; Carriers--Interstate and Intrastate Commerce; Carriers--Regulations Relative to Shipment of Live Stock; Constitutional Law--Equal Protection of Laws--Foreign Corporations--Statute Forfeiting Right to Do Business; Constitutional law--Police Power--Personal Liberty--Photographing Persons Charged With Crime; Contempt--Murder of Prisoner Pending His Appeal; Counties--Action by Taxpayer--Compensation of Attorney; Criminal Law--What Constitutes a Disorderly House; Damages--Allowance of Attorney's Fees--rule in Hadley v. Baxendale Applied; Eminent Domain--Taking or Damaging Property--Noise and Smoke From Operation of Railroad; Equity--Illegal Contract--Duty …


Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt Feb 1908

Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt

Michigan Law Review

The Proposed Code of Legal Ethics for the American Bar Association; The Power of a court of Equity to Order the Exhumation of a Dead Body for Examination in Aid of the Defense of a Civil Action at Law; The Consolidation of Municipal Corporations and the Federal Constitution; The Scalper in Law and in Equity; The Basis of Equitable Jurisdiction in Cases of Fraud;


Recent Important Decisions, Michigan Law Review Mar 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Agent's Liability When Name of Principal is Undisclosed; Attorney and Client--Admission to Practice--Moral Character; Bailment--Hiring--Conversion; Bankruptcy--Attempted Assignment by Trustee to a Creditor of Fraudulently Acquired Property; Bankruptcy--Fraudulent Conveyance--Vendor's Lien; Banks and Banking--Pass Books--Duty of Depositor; Bills and Notes--Antecedent Debt Constitutes Value; Common Carriers--Special Service; Conflict of Laws--Defense to an Action of Tort; Constitutional law--due Process of Law--Equal Protection of the Laws--Service on State Auditor as Attorney for Corporation; Contracts--Right of Privacy--Breach of Trust; Corporations--Ultra Vires; criminal Procedure--Indictment Must Negative Exception in Statute; Damages--Measure--Medical Attendance--Loss of Business; Damages--Mental Suffering--Failure to Deliver Telegram Promptly; Deeds--Redelivery to the Grantor--Effect as to Title; Easements …


Recent Important Decisions, Michigan Law Review Jan 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …


Recent Important Decisions, Michigan Law Review Jun 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …


Recent Important Decisions, Michigan Law Review Jan 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …